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Impact on the Little Guys

Impact on the Little Guys

  • ACM, ICCA, IEEE-USA, Ralph Nader (through Todd Paglia) and I proposed instead:

    • No consequential damages for unknown defects or known documented defects.
    • Consequentials are non-excludable (but can be capped) in the event of harm caused by a known, hidden defect.
  • The drafting committee, repeatedly rejected this proposal.

    • Seen as contrary to interests of some large publishers: It subjects them to liability for some known defects, whereas today they can avoid liability altogether;
    • Seen as contrary to interests of some large customers: It limits the liability of their consultants for unknown and for known, documented defects.

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